The Blog of International Judicial Assistance | By Ted Folkman of Pierce Bainbridge

Posts tagged “Turkey”

The case of the day is Cabrera v. Kosan Crisplant A/S (S.D. Tex. 2016). Much confusion is in the air. Roberto Cabrera brought a product liability suit against Kaya Baskül, a Turkish company, following a propane fire and explosion in Conroe, Texas. The decision is a little confusing, because it refers to an attempt in 2014 to serve process on Kaya by service of the summons and First Amended Complaint on the Texas Secretary of State, which then sent the documents by registered mail to the Turkish central authority. The Secretary of State indicated that no response had been received. In fact, Cabrera went on to serve process on Kaya directly via the central authority mechanism in February 2016. As far as I can…

The case of the day is Probulk Carriers Ltd. v. Marvel International Management and Transportation (S.D.N.Y. 2016). The underlying case was for breach of a charter party. Arbitration in London yielded an award in favor of Probulk, and the court in New York had entered a default judgment recognizing and enforcing the award and providing for damages of more than $12 million. Marvel was a Turkish firm; one of its principals was the father of Tolga Karacelik, a Turkish citizen who lived in Turkey.

The case of the day is KG Marine, LLC v. Vicem Yat Sanayi Ve Ticaret A.S. (W.D.N.Y. 2014). KG’s claim against Vicem Yat, a Turkish firm, was for breach of contract, breach of warranty, and fraud. KG moved for leave to serve Vicem by alternate means under FRCP 4(f)(3) without first seeking to serve process via the Turkish central authority.